On Amendments And Additions To The Federal Act "on State Regulation Of Tariffs For Electricity And Thermal Energy In The Russian Federation"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О государственном регулировании тарифов на электрическую и тепловую энергию в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW On introducing changes and additions to the Federal Law " On State regulation of electricity tariffs and thermal energy in of the Russian Federation " Adopted by the State Duma on 21 February 2003 Approved by the Federation Council on 12 March 2003 Article 1. Act No. 44-FZ of 14 April 1995 on state regulation of tariffs for electric and thermal energy in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1316; 1999, N 7, sect. 880; 2003, N 2, sect. 158) the following changes and additions: 1. In the second paragraph of article 1, the words "(hereinafter referred to as" tariffs) " should be deleted. 2. In article 2: Part One is as follows: " State regulation of tariffs for electrical and thermal energy (power) (henceforth also tariffs) shall be implemented on the basis of the principles set out in the present Federal law, by setting economically reasonable tariffs (prices, fees) for electrical and thermal energy and (or) their limits. "; to supplement the new part of the second reading: " The specified tariffs and/or their limits may not expire be less than a year. "; parts of the second-fourth count as parts of the third to fifth; to supplement the sixth to tenth with the following: " If the size of the established bodies is exceeded OF THE PRESIDENT OF THE RUSSIAN FEDERATION Additional consumer expenditure financed from the budgets of the The consolidated budgets of the constituent entities of the Russian Federation are responsible for the payment of additional subsidies to the population. When regulating electricity and heat tariffs, state regulators take into account the costs of the energy supply organizations, including the costs of working capital, based on the order of calculation Electrical and thermal energy. Electric and thermal energy is charged for the actual amount of electric and thermal energy adopted by the consumer, according to the electrical and thermal energy records, unless otherwise provided by the federal government by law, by other regulatory legal acts or by agreement of the parties. In the event that other parties do not set an agreement, electricity is paid by consumers before the 15th of the month. State regulation of tariffs may be carried out separately for the electricity supplied to the population within the social consumption standard and above the social consumption standard. "; and amend it as follows: " When setting preferential tariffs for electric and thermal energy for individual consumers, the regulation of which shall be regulated by this Federal Law, increase in electricity and heat tariffs for others consumers are not allowed. ". 3. In the first paragraph of article 3, the words "shall be subject to the natural monopoly of the power supply organizations and" shall be deleted. 4. In article 4: the second paragraph should read: " Ensuring the balance of the economic interests of suppliers and consumers of electrical and thermal energy by making these types of energy available and taking into account to ensure the economically viable return on investment capital invested in the production and transfer of electrical and thermal energy and the operation and control of electric power engineering; "; paragraph 4 be worded as follows: " Ensuring transparency and Accessibility to consumers, including for the public, information on the review and approval of tariffs in accordance with the standards of disclosure established by the Government of the Russian Federation The publication of disclosed information in the official media, in which the official materials of the State authorities are published in accordance with federal laws and the laws of the constituent entities of the Russian Federation; " 5. Article 5-7 should read: " Article 5. Powers of the federal executive branch of government in the field of State regulation tariffs In the field of State regulation of tariffs, the Government of the Russian Federation or the federal authority Executive power in regulation of natural monopolies: approves the regulatory and methodological framework for the activities of the executive authorities in the area of state regulation of tariffs; electric and thermal energy pricing in the Territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION approves the rules of state regulation and application of tariffs for electric and thermal energy; defines the procedure for the consideration of disagreements arising between the executive authorities of the constituent entities of the Russian Federation; by organizations carrying out regulated activities, and Consumers, as well as the size and manner of payment of the fee paid to address these differences; sets out the procedure for determining the fee for technological adherence to electrical networks; establishes criteria for the determination of power producers who are entitled to sell at unregulated prices; develops and approves a single classification system and separate cost accounting for activities organizations, as well as the reporting system to be submitted to the The federal executive authority for the regulation of natural monopolies; defines the limit and order of sales at unregulated electricity (power) prices in the wholesale electricity market (capacity); produces a consolidated forecast balance of production and supply of electric energy (capacity) within the Unified Energy System of the Russian Federation on the subjects of the Russian Federation, taking into account the forecast fuel balance, trends in development Energy for the needs of housing and communal services, Products (goods) to areas with limited transit periods and other factors; controls the use of investment resources included in regulated tariffs; defines the list of services by Organization of the functioning and development of the Unified Energy System of the Russian Federation, sets the amount of subscription fee for these services and determines the order of their payment; sets tariffs for services of the functioning of the trade Systems of the wholesale electricity market (power); sets prices (tariffs) for system reliability services; sets charges for technology attach to electrical networks; sets tariffs for electric power transmission services and their (minimum and (or) maximum) levels in accordance with the procedure established by this Federal Law; sets tariffs for services on dispatching management in the electricity industry; sets tariffs, or (minimum and (or) maximum) limits on Electric power sold by producers in the wholesale market of electric energy (power), except for the sale of electric energy at unregulated prices in volume and in the order established by the Government of the Russian Federation Federations; sets limit (minimum and (or) maximum) price levels for electric energy sold by producers on the wholesale electricity market (power) at unregulated prices in the cases and in the order that they shall be determined by the Government of the Russian Federation; determines the amount of equipment needed to ensure the safety and development of nuclear power plants, which is taken into account in the setting of tariffs or their limits (minimum and (or) maximum) levels for electrical energy, sold in the wholesale market of electricity (power) by the owners of these nuclear power plants; sets limit (minimum and (or) maximum) tariff levels for electric energy by the energy supply organizations to consumers, including Electric energy sold at unregulated prices; sets limit (minimum and (or) maximum) tariff levels for thermal energy produced by combined power plants [ [ Electric and thermal power generation]]; deals with disputes arising between the executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs, by organizations implementing regulated activities, and consumers, and Decisions required for execution; controls the application of state regulated prices (tariffs) and conducts business audits of regulated entities pricing, in terms of the validity of the value and the correct application of these prices (tariffs). The Government of the Russian Federation determines the scope of the powers of the federal executive authority to regulate natural monopolies within the limits of the powers specified in this article, as well as other federal laws. Article 6. Powers of the executive authorities of the Russian Federation in the field of State tariff regulation of the executive authorities of the constituent entities of the Russian Federation The regulation of tariffs is exercised by the following authorities: set tariffs for electricity transmission services on distribution networks within the framework of the federal regulatory authority (minimum and/or maximum) natural monopolies Tariff levels for electricity transmission services on distribution networks as well as tariffs for heat transfer services; set up marketing premiums to guarantee electric energy suppliers; set tariffs on thermal energy, except for thermal energy produced by power plants producing in the combined generation of electric and thermal energy; set tariffs Heat Power produced by Power Plants Production in the combined generation of electric and thermal energy, within the limits of the limits (minimum and/or maximum) of tariff levels set by the Federal Executive for Regulation of Natural Monopolies Thermal power produced by power plants producing in the combined generation of electric and thermal energy; set tariffs for electricity supplied by the energy supply organizations to consumers, within the framework of the Federal the executive to regulate natural monopolies of the (minimum and (or) maximum) tariff levels, except for electrical energy sold at unregulated prices; The prices (tariffs) regulated by them and carry out checks on the economic activities of the regulated entities in terms of the validity of the value and the correctness of the use of these prices (tariffs); take part in creating a combined forecast balance Production and supply of electric energy (capacity) within the Russian Federation's Unified Energy System. The regulated tariffs are regulated according to the basis of prices for electric and thermal energy in the territory of the Russian Federation, the rules of state regulation and the use of tariffs for electric power. and the thermal energy and other normative legal acts and guidelines adopted by the Government of the Russian Federation or by the federal executive authority to regulate natural monopolies. At the same time, the decision of the executive branch of the constituent entity of the Russian Federation in the field of State regulation of tariffs, adopted by them in excess of the powers established by the said regulatory legal acts, shall be abolished in order, by the Government of the Russian Federation. The executive authority of the constituent entity of the Russian Federation, which exercises state regulation of tariffs in accordance with this Federal Law, is a legal entity. The appointment and dismissal of the head of the executive power of the constituent entity of the Russian Federation in the field of state regulation of tariffs is carried out in coordination with the federal executive body of the Russian Federation The authorities to regulate natural monopolies. The executive authority of the constituent entity of the Russian Federation in the field of State regulation of tariffs, in accordance with the relevant local government authority, is entitled to transfer authority to local self-government bodies to the local self-government bodies. State regulation of thermal energy tariffs (except electric power generation plants produced by power generation plants) emitted directly from thermal power sources Energy for the provision of thermal energy Consumers in the territory of one municipality. Decision of the local self-government body, taken in pursuance of the powers transferred to it under this article and contrary to the legislation of the Russian Federation on electricity or exceeded The competence granted to it shall be revoked by the relevant executive authority of the constituent entity of the Russian Federation in accordance with the procedure established by the Government of the Russian Federation. Article 7. Financing of the federal executive branch of the federal government for regulation of natural monopolies and of the executive authorities of the constituent entities of the Russian Federation in the field of State regulation tariffs Financing the federal executive authority to regulate natural monopolies and the executive authorities of the constituent entities of the Russian Federation in the area of State regulation of tariffs is implemented The accounts of the Fund are set out in the order of the and the federal budget of the constituent entities of the Russian Federation. The costs for the maintenance of the federal executive authority to regulate natural monopolies and the executive authorities of the constituent entities of the Russian Federation in the area of State regulation of tariffs are made by The number of items in the structure of prices (fees) for the products (services) of the regulated entities, in the manner determined by the Government of the Russian Federation and the constituent entities of the Russian Federation, respectively. " 6. Articles 8 to 15 shall be deleted. Article 2. This Federal Law shall enter into force on the date of its official publication and shall remain in effect until the day of the entry into force of the full Federal Law " On electric power ". President of the Russian Federation Vladimir Putin Moscow, Kremlin March 26, 2003 N 38-FZ